Self-defense: How Floridas Stand Your Ground Law Works

Self-defense laws differ depending on what state youre in.

Floridas self-defense laws include what lawmakers refer to as a Stand Your Ground law.

Many clients want to know, What is the Stand Your Ground law in Florida?

Weve prepared a short guide to explain the Stand Your Ground law in Florida and how it applies in criminal cases.

If you are charged with a crime in Florida, you need to contact an attorney right away to defend your rights. Contact Orlando Defense today to discuss your case.

In 2005, the legislature made changes to Floridas self-defense laws.

The newly adopted Stand Your Ground law allows individuals to use deadly force if they reasonably believe that such force is necessary to prevent imminent death or great bodily harm to themself or another.

Additionally, the law authorizes deadly force to prevent the imminent commission of a forcible felony. Unlike some other states, Florida does not require individuals to retreat to a place of safety instead of using deadly force.

Proper application of Floridas Stand Your Ground law introduces requires proof that:

If a defendant has been charged with a violent crime and can prove that either of those factors apply to their case, then they are immune from prosecution for that offense.

Unlike Florida, some states use what is known as the castle doctrine to determine whether deadly force was justified.

Under the castle doctrine, individuals have a duty to retreat instead of using deadly force in a public space. The duty to retreat does not apply if the individual is in their home or workplace. No such duty applies in Florida.

The Stand Your Ground law doesnt apply in certain situations. According to the statute, it doesnt apply if the individual attempting to defend themselves is committing a crime.

For example, an armed robber cannot shoot someone during the robbery and then claim they were defending themselves.

Additionally, Floridas stand your ground law doesnt apply when deadly force is used against a law enforcement officer acting in the performance of their official duties.

Furthermore, you cannot use the stand your ground law to justify the use of deadly force if you intentionally provoked the other party.

And if the other party attempted to withdraw from the confrontation, use of force under the Stand Your Ground law is not justified.

Criminal defendants can only claim self-defense under the Stand Your Ground law if force was used in a place the defendant was legally allowed to be.

If youre facing criminal charges, a valid legal defense under the stand your ground law could apply to your case.

A criminal defense attorney gives you the best chance of having your charges reduced or dismissed entirely.

As a former public defender, Attorney Jeffery Higgins possesses extensive experience representing defendants facing criminal charges.

If you dont know whether the Stand Your Ground law applies to your case, were here to help. Call or email our office today for your free consultation.

View original post here:
Self-defense: How Floridas Stand Your Ground Law Works

Related Posts

Comments are closed.